DETAILED ACTION
The present application, filed on (8/6/2023), is being examined under the first inventor to file provisions of the AIA . Claims (1-20) were examined in a Non-Final on 10/01/2025. A Final office action in response to Applicants submission of 1/2/2026 was mailed on 3/9/2026. Claims 1-8 and 10-20 were examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/4/2026 has been entered. Claims 1-2, 4-5, 10-14 and 16-20 are pending and being examined.
Response to Amendment and arguments
Applicant’s arguments are related to the latest amendment. As discussed below, it is noted that the amendment is improper. However, heaters in different groups for specific control of regions on the chuck were known. Also, to one of ordinary skill in the art, omission of an element with a corresponding omission of function would have been obvious.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-5, 10-14 and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation “wherein the ESC comprises a first level comprising a first plurality of regions and a second level comprising a second plurality of regions, the first level being positioned above the second level in a height direction of the ESC, wherein the plurality of first heaters are provided in only some regions among the first plurality of regions of the first level and the plurality of second heaters are provided in all regions of the second plurality of regions of the second level, wherein the plurality of first heaters and the plurality of second heaters do not overlap each other in the height direction of the ESC” in claim 1 and similar limitations in claims 17 and 18 require that the first heaters and second heaters do not overlap.
The specification does not support this since first heaters 210 overlap with second heaters 220 since both occupy regions 330 and 340 (See Fig 3, Fig 4 and Fig 5). Moreover, if any heater group is distributed over all area, there will be overlap from other “some areas”.
In response the applicant pointed to para 104 of the specification. This appears to be in conflict with the drawings. It is noted however, that only region 310 and 320 would be without overlap.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4-5, 10-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko et al (US 20180350569) in view of Kaname Miwa (JP 2016-189425).
A substrate treating apparatus (Fig 2) comprising:
a housing (120);
a substrate support unit (16) disposed within the housing and supporting a substrate using an electrostatic chuck (20).
a shower head unit (34) disposed in the housing and supplying a process gas in a direction in which the substrate is positioned;
a plasma generating unit (62, 64) exciting the process gas into a plasma state so that the substrate is treated; and
an ESC temperature control unit (20) provided in the substrate support unit and controlling a temperature of the electrostatic chuck,
wherein the ESC temperature control unit includes:
a plurality of first heaters (26c).
a plurality of second heaters (26b) providing power different from that of the first heaters; and
a control module controlling the first heaters and second heaters (Fig 4, 71 and 72), and
the control module independently controls the first heaters and the second heaters (Fig 4, 72).
It is noted that the controller controls power to first and /or second heaters on the basis of comparing actual temperature distribution with respect to target temperature distribution in a feedback loop (See Para 85, 87, 89) where actual temperature distribution comes from temperature sensors either below the stage as in Fig 4 or infrared sensors as in Fig 9 (IRC). The target temperature distribution is a required in-plane distribution which is required by the process being conducted (Par 24). The power applied to individual heaters could be DC or AC (Para 77, 80) and includes sensors to monitor power to each heater in first heaters or second heaters. First or second heaters could be disposed above or below with respect to each other (Para 61). The heaters are disposed in plurality of regions as disclosed in (Fig 5 and 6). Also tied to the controller is coolant flow for temperature reduction, when necessary, by the process.
First heater region 26c could be above the second heater region 26b where some heaters do not overlap.
Regarding the limitation “wherein the plurality of first heaters are distributed only in some areas of a plurality of areas of the ESC and the plurality of second heaters are distributed over all areas of the plurality of areas of the ESC, and wherein the plurality of first heaters and the plurality of second heaters do not overlap each other in a height direction of the ESC’ as above, some heaters (26c) are located in center of the chuck only while other heaters (26b) are located over all areas (Fig 4).
Further, regarding having some heaters in particular region only, it is noted that omission of an element with a corresponding omission of function is within the level of ordinary skill. In re Wilson 153 USPQ 740 (CCPA 1967); In re Portz 145 USPQ 397 (CCPA 1965); In re Larson 144 USPQ 347 (CCPA 1965); In re Karlson 136 USPQ 184 (CCPA 1963); In re Listen 58 USPQ 481 (CCPA 1943); In re Porter 20 USPQ 298 (CCPA 1934).
Still further, first heaters (Fig 4, 33) are located in periphery of the chuck only while second heaters (35) are located throughout in Kaname Miwa.
Since heater group in some area only would provide ability to additional control over those specific regions having such facility in Kaneko et al before the filing date of this application would have been obvious.
Regarding sequence of control as claimed, it is noted that each heater is controlled independently, therefore sequence of control would be process driven and obvious.
Limitations of claim 2 and 11 are disclosed as above.
Regarding claim 4 the feedback control depends upon the error which would be represented by an offset.
Regarding claim 5 CD distribution would control required temperature distribution and would be a function disclosed to be within the capability of the disclosed apparatus.
Regarding claims 10 and 12 first and second heaters could be interchangeable and therefore could be more or less.
Regarding claims 13 and 16 temperature measurement is disclosed in Fig 4 and 9. In Fig 9 it is above. Regarding the sensor being above the heater Fig 9 discloses temperature measurement using optical means from above the heater. Further since the ESC is of thermal conductive material location of temperature sensor would be a rearrangement of parts.
Regarding claim 14 feedback control of heaters based on the temperature measurement is disclosed as discussed above.
Regarding claims 17-20, Fig 2 discloses housing, substrate support, ESC, showerhead, plasma generation unit (62, 64), plurality of independently controllable heaters, power being DC or AC and configurable disposition are disclosed as above.
Claims 13 and 16 are also rejected under 35 U.S.C. 103 as being unpatentable over Kaneko et al (US 20180350569) in view of Kaname Miwa (JP 2016-189425) and Matyushkin et al (US 20080017104).
Regarding claims 13 and 16 as discussed above location of temperature sensors with respect to heaters is a thermally conductive body would be of no critical significance.
However, Matyushkin et al disclose sensors (Fig 2, 60a, b) in its electrostatic chuck which are disposed in its upper surface above the heaters (52).
Therefor having such disposition of temperature sensors would have been obvious before the filing date of this application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al (US 20210366696) discloses an electrostatic chuck including plurality of heater across plurality of regions and coolant control in its base (Fig 2 and 3).
Uefuji et al (US 20180286732) discloses an electrostatic chuck including plurality of heater across plurality of regions and coolant control in its base (Fig 31).
Kim et al (US 20170271190) disclose upper heater section (Fig 6, 160) in peripheral region only and lower heater section (Fig 5, 150) all over the chuck.
Parkhe et al (US 20150228513) discloses main resistive heater and pixel heaters for heating specific regions requiring additional heat (Fig 8 and description).
Endo et al (20210051769) disclose sensors (Fig 1, 24) in its electrostatic chuck which are disposed in its upper surface above the heaters (23-1 to 23-n).
Young (KR 10-2007-0105189) disclose sensors (Fig 1, 122) in its chuck which are disposed in its upper surface above the heaters (112).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAM N KACKAR whose telephone number is (571)272-1436. The examiner can normally be reached 09:00 AM-05:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Parviz Hassanzadeh can be reached at 5712721435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAM N. KACKAR
Primary Examiner
Art Unit 1716
/RAM N KACKAR/Primary Examiner, Art Unit 1716
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